DUI/DWI Law FAQs

In Alabama, the law and courts use the term DUI (driving under the influence), not DWI, but people often use DUI and DWI interchangeably when talking about drunk driving or drugged driving.

A DUI in Alabama covers driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination, or while having a blood alcohol concentration (BAC) at or above the legal limit.​

Even though “DWI” is not the technical term in Alabama statutes, a DUI conviction still brings serious drunk driving penalties, including possible jail time, fines, license suspension, ignition interlock, and a permanent criminal record. Anyone arrested for DUI/DWI in Alabama should treat the charge as a serious criminal offense and contact an experienced Alabama DUI lawyer immediately.​

A DUI/DWI conviction in Alabama can result in jail time, probation, hefty fines, court costs, and mandatory DUI school or substance abuse treatment. You can also face driver’s license suspension or revocation, ignition interlock device requirements, community service, and strict probation conditions.​

The penalties increase with prior DUI convictions, high BAC levels, accidents, injuries, or if a child was in the vehicle. A DUI on your criminal record can affect employment, professional licenses, and car insurance rates for years, making it critical to fight the charge with a skilled Alabama DUI defense attorney.​

Common DUI/DWI defense strategies include challenging the legality of the traffic stop or roadblock, arguing there was no reasonable suspicion or probable cause, and attacking the reliability of field sobriety tests. A DUI lawyer may also question the accuracy and maintenance of the breathalyzer, blood test procedures, chain of custody, and whether officers followed proper protocols.​

In some Alabama drunk driving cases, the defense focuses on proving the client was not in actual physical control, had rising blood alcohol, or suffers from medical or physical conditions that mimic intoxication. Every DUI/DWI case is fact‑specific, so an experienced Alabama DUI defense attorney tailors strategies to the evidence, the officer’s conduct, and local court practices.​

A DUI/DWI case is often stronger for the prosecution when there is clear video of bad driving, strong signs of impairment, “good” field sobriety test performance documentation, high BAC or blood test results, and no major procedural errors by police.

Serious factors like a crash, injuries, a very high BAC, or prior DUI convictions can further strengthen the State’s position and increase potential penalties.​

On the defense side, the case may be weaker if the stop was questionable, field sobriety tests were administered incorrectly, breath or blood testing procedures were flawed, or documentation is incomplete. A skilled Alabama DUI attorney looks for these weaknesses, along with favorable witnesses, medical issues, or proof that you were not actually driving under the influence.​

Pre‑trial motions are critical in many DUI/DWI cases because they allow your lawyer to challenge the legality of the stop, arrest, and chemical testing before trial. Motions to suppress evidence can seek to exclude breath test results, blood test results, or damaging statements if your constitutional rights were violated.​

If the court grants key pre‑trial motions, the prosecution’s drunk driving case may be significantly weakened or even dismissed. Filing and aggressively litigating pre‑trial motions is one of the most important tools an Alabama DUI defense attorney uses to protect your rights and improve your chances of a favorable outcome.​

Yes. Many DUI/DWI cases in Alabama are resolved through plea negotiations rather than going all the way to a jury trial.

Depending on the facts, your criminal record, and the strength of the State’s evidence, your DUI lawyer may negotiate for reduced charges, such as a lesser traffic offense, or for a more favorable sentencing agreement.​
In some situations, a well‑negotiated plea can avoid jail time, reduce license consequences, or limit the long‑term impact of a drunk driving charge.

Whether to accept a DUI plea deal should always be discussed carefully with an experienced Alabama DUI attorney who understands both the risks of trial and the long‑term consequences of a conviction.​

Most DUI/DWI cases do not go to trial; many are resolved through negotiations, pre‑trial motions, or alternative resolutions. However, some drunk driving cases do proceed to bench or jury trial when the evidence is disputed, the plea offer is too harsh, or important legal issues need to be decided.​

An experienced Alabama DUI lawyer prepares every DUI/DWI case as if it may go to trial, using investigation, expert consultation, and motion practice to strengthen the defense. That trial‑ready posture often leads to better plea offers and also ensures that, if trial becomes necessary, the defense is as strong as possible.​

In many Alabama DUI/DWI cases, it is possible to seek a reduction or dismissal, especially when there are issues with the traffic stop, field sobriety tests, or breath/blood test procedures.

A DUI attorney may negotiate to reduce a drunk driving charge to a lesser offense, or, in some cases, convince the prosecutor or judge to dismiss the case if the evidence is too weak.​ Results depend on the specific facts, your prior record, and the local court’s policies.

Promptly hiring an experienced Alabama DUI defense lawyer gives you the best chance to identify legal defenses, file pre‑trial motions, and pursue reduced or dismissed DUI charges.​

A DUI/DWI arrest in Alabama can trigger both a criminal case and an administrative driver’s license action. You may face suspension or revocation of your driver’s license, ignition interlock requirements, and reinstatement fees, separate from any criminal court penalties.​

Strict deadlines often apply for requesting a license hearing or challenging an administrative suspension, especially after a failed or refused breath test. A knowledgeable Alabama DUI lawyer can help you navigate both the court case and the license consequences to protect your ability to drive to work, school, and family obligations.​

A DUI conviction creates a permanent criminal record that can appear on background checks and court searches. This drunk driving record can affect employment opportunities, professional licenses, and reputation for years.​

Auto insurance companies often treat DUI/DWI as a high‑risk offense, which can cause dramatic increases in premiums or even policy cancellation. Fighting the DUI charge, seeking a reduction, or exploring options like expungement (when available under Alabama law) with an experienced DUI attorney can reduce the long‑term impact on both your record and your insurance.​

Yes. In many Alabama DUI cases, there are ways to reduce the impact of a DUI/DWI arrest or conviction on your freedom, your driver’s license, and your record.

An experienced Alabama DUI defense lawyer can evaluate the evidence, challenge the traffic stop, field sobriety tests, and breath or blood testing, and push for dismissal, acquittal, or a reduction to a lesser offense.​

In other cases, your attorney may negotiate a plea that limits jail time, shortens license suspension, or avoids harsh ignition interlock or probation conditions, while also guiding you on DUI school, treatment, and proactive steps that put you in the best light with the court.

Over time, a knowledgeable Alabama DUI attorney can also advise whether any form of record relief may be available to lessen the long‑term impact on employment, licensing, and insurance.​

The length of a DUI/DWI case in Alabama can vary widely, but many drunk driving cases take several months to more than a year to resolve. The timeline depends on the complexity of the evidence, the court’s schedule, whether pre‑trial motions are filed, and whether the case is resolved by plea or proceeds to trial.​

While clients often want a quick resolution, moving too fast can prevent a thorough investigation and strong defense. An experienced Alabama DUI lawyer will balance speed with strategy, using the time between court dates to review discovery, negotiate with prosecutors, and prepare for motions or trial.​

If you were arrested for DUI/DWI but were not actually under the influence, you still need to take the charge very seriously. Medical conditions, fatigue, nervousness, or physical limitations can be mistaken for signs of impairment, and field sobriety tests are often subjective.​

Alabama DUI attorney Whitney Polson can obtain video, body‑cam footage, breath or blood test records, and medical documentation to challenge the officer’s conclusions.

In Alabama, strong evidence that you were not impaired, were not in actual physical control, or were wrongly accused can lead to reduced charges, dismissal, or an acquittal at trial.

A first‑offense DUI in Alabama is still a criminal charge that can bring jail time, fines, DUI school, probation, and driver’s license suspension, along with a permanent record. However, courts and prosecutors often treat first‑time DUI offenders differently than repeat offenders, and there may be more room for negotiation, alternative sentencing, or reductions.​

Even on a first DUI/DWI, the outcome can affect your future employment, insurance rates, and ability to drive. Hiring an experienced Alabama DUI defense lawyer early allows you to explore all options, including challenging the stop and testing, seeking a reduced charge, or minimizing the penalties so you can move forward with your life.​

A first‑offense DUI in Alabama is still a criminal charge that can bring jail time, fines, DUI school, probation, and driver’s license suspension, along with a permanent record.

However, courts and prosecutors often treat first‑time DUI offenders differently than repeat offenders, and there may be more room for negotiation, alternative sentencing, or reductions.​

Even on a first DUI/DWI, the outcome can affect your future employment, insurance rates, and ability to drive. Hiring an experienced Alabama DUI defense lawyer early allows you to explore all options, including challenging the stop and testing, seeking a reduced charge, or minimizing the penalties so you can move forward with your life

In an Alabama DUI stop, you can usually refuse roadside field sobriety tests and a roadside portable breath test, but refusal will not prevent a DUI/DWI arrest and the officer may rely on other signs of impairment.

Once arrested and brought to jail, you will be asked to take the official breath test, which is recorded on an Intoxilyzer 9000 machine. Police and state prosecutors refer to breath tests and blood tests as chemical tests. Refusing the official post‑arrest chemical breath test under Alabama’s implied consent law can trigger an automatic driver’s license suspension, separate from any criminal drunk driving conviction penalties.​

If this was your first chemical test refusal it typically leads to a 90‑day driver's license suspension. Id you refuse again after being pulled over again, you face longer suspensions, with your refusal also being used as evidence against you in court. Even if you refuse, you can still be prosecuted for DUI based on officer observations, driving behavior, and other evidence, so it is critical to speak with an experienced Alabama DUI lawyer immediately after any DUI/DWI arrest.​

An ignition interlock device (IID) is a small, in‑car breath‑testing unit wired to your vehicle’s ignition that requires you to blow an alcohol‑free sample before the car will start. In Alabama DUI/DWI cases, ignition interlock may be ordered after a DUI conviction, especially for high blood alcohol levels, test refusals, repeat DUI offenses, or cases involving injuries or a child in the vehicle.​

The device also requires periodic “rolling retests” while you drive, and any failed tests or tampering can lead to additional penalties or extended interlock time. An Alabama DUI defense attorney can explain when interlock is mandatory, whether there are options to shorten the interlock period, and how ignition interlock interacts with license suspension, restricted driving, and your overall DUI sentencing exposure.​

Yes. Our 24-hour Birmingham AL DUI law firm regularly handles DUI and drunk driving cases in the same Alabama courts where local DUI/DWI charges are prosecuted, including these municipalities:

Auburn
Birmingham
Gulf Shores
Homewood
Hoover
Jefferson County
Mountain Brook
Pelham
Tuscaloosa
Trussville
Vestavia Hills

Familiarity with local judges, prosecutors, and court procedures is a key part of effective DUI defense, because it helps anticipate how each courtroom typically treats first‑offense DUI, high‑BAC cases, refusals, accidents, and repeat offenders.​

Having a DUI lawyer who frequently appears in the court where your case will be heard means knowing how that judge approaches bond, pre‑trial motions, plea negotiations, ignition interlock, and sentencing options. That local experience allows your attorney to tailor a DUI/DWI defense strategy to the specific court, the prosecutor’s tendencies, and the unwritten practices that can strongly influence your outcome.​

Stay calm, pull over safely, and keep your hands visible. Provide your license, registration, and insurance, but politely decline to answer questions about where you were, what you drank, or how much, and ask to speak with a DUI lawyer before any further questioning.

Avoid arguing, resisting, or trying to talk your way out of the stop, because your words and behavior can be used as evidence. As soon as you are released or booked, contact an experienced Alabama DUI/DWI attorney to protect your license, your record, and your freedom.

“Miranda” rights generally apply when you are in custody and being interrogated. If an officer questions you in that situation without properly advising you of your rights, your lawyer may be able to ask the court to keep those statements out of evidence.

Failing to read Miranda rights does not automatically dismiss a DUI case, but excluding damaging statements can significantly weaken the prosecution’s case. A skilled Alabama DUI defense lawyer can review when and how questioning happened and decide whether a motion to suppress is appropriate.

Dash cam and body cam videos can be powerful evidence in a DUI/DWI case because they show how you were driving, how you spoke, walked, and performed field sobriety tests, and how the officer behaved and gave instructions.

Sometimes the video contradicts the officer’s written report or shows that tests were done incorrectly or that you did better than described.

Your DUI lawyer will review all available video to look for inconsistencies, procedural mistakes, and moments that help your defense. Video evidence can support motions to suppress, strengthen negotiations, or be used at trial to challenge the State’s version of events.

Yes. Certain prescription medications, over‑the‑counter drugs, and medical conditions can affect how you appear during a DUI investigation and how you perform on field sobriety tests. Issues like inner‑ear problems, back or leg injuries, neurological conditions, anxiety, and fatigue can make balance and coordination tests look worse than they really are.

Some medical conditions, diets, or products (like certain mouthwashes or reflux issues) may also influence breath test readings. A knowledgeable Alabama DUI attorney can work with your medical history and, when appropriate, medical experts to show how your condition may have affected the officer’s observations or test results.

You can still be charged with DUI/DWI in Alabama even if your breath test is below the “per se” legal limit, because the law also prohibits driving while under the influence of alcohol, drugs, or a combination that impairs your ability to drive safely. Officers may rely on driving behavior, field sobriety tests, admissions, or signs of drug use even when the breath test is low or normal.

In this situation, your lawyer will closely examine whether there was real evidence of impairment and whether other factors, like fatigue or medical issues, better explain what the officer saw. A strong defense can argue that a low breath test and weak signs of impairment do not justify a DUI conviction.

License consequences depend on your prior history, whether you took or refused a chemical test, and the outcome of your DUI case. A first‑offense DUI with a test failure or refusal can trigger an administrative suspension separate from any suspension ordered by the court if you are convicted.

The exact length of suspension and eligibility for interlock or restricted driving are governed by Alabama law and can change over time. A DUI defense lawyer can explain your current suspension exposure, deadline to contest it, and steps needed for reinstatement.

In many DUI/DWI cases, Alabama law allows some form of limited or restricted driving, often tied to installing an ignition interlock device or meeting specific conditions. This can let you drive to work, school, medical appointments, and other essential locations while serving a suspension.

Eligibility depends on your prior record, whether there was a refusal, the specific DUI statute involved, and whether you comply with court and licensing requirements. A DUI attorney can guide you through applying for any available hardship or restricted license and help you avoid mistakes that might delay or block your driving privileges.

A criminal DUI case takes place in court and decides whether you are guilty of a criminal offense and what penalties (jail, fines, probation, treatment, interlock) you may face. It focuses on proof beyond a reasonable doubt and your constitutional rights.

A DMV or license hearing is an administrative process that determines whether your driving privilege will be suspended or restricted because of a test failure, refusal, or DUI arrest. The standards, procedures, and timelines are different, and you can lose your license at a DMV‑type hearing even if your criminal case is later dismissed.

The deadline to request a license or DMV‑type hearing after a DUI/DWI arrest is usually very short—often measured in days or a few weeks, not months. If you miss that deadline, your right to contest the administrative suspension may be lost, and the suspension can start automatically.

Because the criminal court and license process are separate, you should contact a DUI attorney as soon as possible after your arrest. Your lawyer can explain the current time limits and immediately request the appropriate hearing to protect your driving privileges.

In some DUI/DWI cases, especially for first‑time offenders and less aggravated circumstances, it may be possible to avoid serving actual jail time. Courts sometimes allow suspended sentences, probation, community service, treatment programs, and ignition interlock in place of lengthy incarceration.

The availability of alternatives depends on your prior record, BAC level, presence of an accident or injuries, and local court practices. An experienced DUI defense lawyer will negotiate for the least restrictive outcome possible and explore every option to keep you out of jail.

Most insurance companies treat a DUI/DWI as a serious, high‑risk event. A conviction can lead to steep premium increases, non‑renewal, or cancellation of your policy, and you may be required to carry high‑risk or SR‑22 insurance for a period of time.

The financial impact often lasts several years and can cost thousands of dollars beyond court fines and fees. Fighting the DUI, seeking a reduced charge, or limiting the conviction’s severity with the help of a DUI attorney can reduce some of this long‑term insurance damage.

What to tell your employer depends on your job, any employment contract, professional license requirements, and company policies on criminal charges. Some jobs—such as commercial drivers, healthcare professionals, teachers, and positions with security clearances—may require prompt disclosure of a DUI/DWI arrest or conviction.

Before speaking to your employer, talk with your DUI lawyer so you understand your legal obligations and the status of your case. Your attorney can help you decide when and how to disclose the arrest, what to say, and how to minimize the impact on your employment while your DUI case is pending.